POONAM (NOW DECEASED) THROUGH LRS Vs. PRADEEP TYAGI

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908(CPC) is filed by the defendants in the suit(legal heirs of the original defendant Smt. Poonam, who was the wife and mother of the present appellants) impugning the Judgment of the Trial Court dated 17.12.2016 by which trial court has decreed the suit for specific performance filed by the respondent/plaintiff with respect to the Agreement to Sell dated 4.12.2007 for the suit property being the first floor of property no.A-3/60, khasra no.76/10, in the revenue estate of Village Hastsal, Delhi abadi now known as Uttam Nagar on a plot of land of 100 sq yds.

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit for specific performance pleading that the Agreement to Sell dated 4.12007 was entered into between the parties with respect to the suit property for a total sale consideration of Rs. 12 lacs out of which the respondent/plaintiff paid an amount of Rs. 8 lacs to Smt. Poonam. The balance amount of Rs. 4 lacs was payable on or before 4.6.2008 when the sale documents were to be executed. On the failure of Smt. Poonam to execute the sale documents, after serving a Legal Notice dated 27.10.2008 the subject suit for specific performance was filed.

(3.) In the written statement filed by Smt. Poonam, predecessor-in-interest of the appellants/defendants, execution of the Agreement to Sell was denied. It was stated that the respondent/plaintiff was a complete stranger to Smt. Poonam and that Smt. Poonam never signed any Agreement to Sell with the respondent/plaintiff. Documents relied upon by the respondent/plaintiff were pleaded to be fabricated documents. Smt. Poonam contended that in fact the Agreement to Sell document is a document which is another document executed for 'another person'. The suit was prayed to be dismissed.